Complicated appeal case -need insight in what I am to expect

[GG]

I appear to have to made two errors in application for leave to remain in the UK (first Indefinate Leave to Remain when I did not qualify-not enough years under HSMP and when rejected then applying subsequently in May for FLR when now I am realsing that I ought to apply for Tier1 for extention under HSMP .
My problem started when after 5 years in the UK but only last two years under the HSMP (applied before November 7th and granted Nov 20th , 2006, previous 3 years under post-graduate doctor permit free visa). Unfortunately I made the biggest mistake of my life and my application was made for indefinite leave to remain Jan 2009 a couple of weeks before the expiry date. Because I did not qualify (" not 5 years under the HSMP) I was refused and told unless I appeal I was to leave the country in 10 working days on April 2009.
I filed for an appeal agains the refusal of my ILR January application within the 10 working days while concurrently submitting Further Leave to Remain (FLR) application- possibly my second mistake because extension under the HSMP ought to be under Tier 1. This appeal specifically addresses the refusal April 09 and does not address any other decision or application after that date. My appeal has been turned down despite a compelling case that the loss of my expertise would have a significant impact on the UK community. The case was made under Article 8 of the European convention where loss of a specialist doctor in area of scarcity of qualified persons which prejudices against the welfare of the UK community he serves (Such as Public Health Doctor managing an epidemic). Please for case law citations as this will be crucial in my argument. Does Article 8 extend to the community or just my private life
Problems faced:
1. I may lose the further appeal of my appeal and as a result likelybe required to leave the UK (Is this really likely despite having a FLR application since early May 2009 and that the appeal court recognizes that I am likely to qualify because I meet the requirements???).
2. My employer is willing to apply for a workpermit, if they do apply could it be concurrent with a letter requesting withdrawal of FLR or this is complicated because the FLR is dealt with by a different section than work permit. I guess it is not possible for an employer to apply for a work permit while a FLR application is still in. With all this is it inevitable that I would be sent out of the UK at some point e.g. for the work-permit application etc.
3. It is likely I will have to go along with option 2. How relevant is that I should be applying under Tier1 extension the one I should have done in the first place (Not FLR not ILR). When should this happen?:roll: